Navigating the Risk of the Low Bidder Dilemma: Rethinking Competitive Bidding in Project Procurement
Venus Garg
Vice President, Major Pursuits
AECOM
David Ho
Chief Procurement Officer
Infrastructure Ontario
Sahil Shoor
Partner
Gowling WLG
Bill Woodhead
Partner
Borden Ladner Gervais LLP
Giovanni Cautillo
President
Ontario General Contractors Association
The landscape of bidding and procurement in the construction industry is constantly evolving, and it’s essential to stay updated on the common and contemporary challenges to avoid costly mistakes. Topics of discussion include:
- Analyzing the low bidder dilemma and whether competitive bidding attracts the best results
- Exploring the public owner’s duty of fairness and it’s implications
- Unpacking debarment and exclusion clauses and how they are being used
- Navigating the evolving definitions of when the procurement process officially begins
- Understanding how responses to tenders can inadvertently create contracts, leading to unprepared liability
- Considering the opposite: that while flexibility in the tender agreement protects you, this flexibility makes your bid less competitive